Florida District Courts of Appeal, 2010

Linkside at Baymeadows, Inc. v. Rowe

Linkside at Baymeadows, Inc. v. Rowe
Florida District Courts of Appeal · Decided September 7, 2010 · Benton, Clark, Davis
43 So. 3d 884; 2010 Fla. App. LEXIS 13608; 2010 WL 3465235 (Southern Reporter, Third Series)

Linkside at Baymeadows, Inc. v. Rowe

Opinion of the Court

PER CURIAM.

Linkside at Baymeadows, Inc., timely filed this appeal seeking review of an order, entitled “Final Judgment,” that entered a money judgment on Count V of the Complaint and reserved jurisdiction “to dispose of any remaining issues regarding satisfaction of the Claim of Lien....” Steven and Janice Rowe filed a timely notice of cross-appeal seeking review of an earlier order that addressed Counts I-IV of the Complaint as well as the Counterclaim. Because these orders are not final, the appeal and cross-appeal are premature and must be dismissed for lack of jurisdiction. Fla. R.App. P. 9. 110(J); Odham v. Mouat, 484 So.2d 95 (Fla. 1st DCA 1986); Couch v. Tropical Breeze Resort Assn., Inc., 867 So.2d 1219 (Fla. 1st DCA 2004). Contrary to the appellees/cross-appellants’ assertion, the remaining issue is interrelated with the other issues in this case involving homeowner’s assessments and it is not merely attorney’s fees.

DISMISSED.

DAVIS, BENTON, and CLARK, JJ., concur.

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